1. Acceptance of Terms

By accessing or using CareStack's platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms apply to all users of the Services, including agencies, caregivers, administrators, and any other individuals accessing the platform.

2. Description of Services

CareStack provides a comprehensive caregiver lifecycle platform for home healthcare agencies, including:

CoreSchedule: Scheduling and shift management
ShiftLink: Shift marketplace for connecting agencies and caregivers
LearnPath: Training and compliance management
RetainAI: Predictive caregiver retention analytics
BillFlow: Revenue cycle management and billing
Analytics and reporting dashboards

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are responsible for all activities under your account
You must notify us immediately of any unauthorized access
You must use strong passwords and enable multi-factor authentication when available
You may not share your account credentials with others
You may not create accounts on behalf of others without authorization

3.3 Organization Accounts

If you are creating an account on behalf of an organization, you represent that you have authority to bind the organization to these Terms.

4. Acceptable Use

4.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms, including compliance with all applicable healthcare regulations.

4.2 Prohibited Conduct

You agree not to:

Violate any laws, regulations, or third-party rights
Transmit malware, viruses, or harmful code
Attempt to gain unauthorized access to any part of the Services
Interfere with or disrupt the Services or servers
Use automated systems (bots, scrapers) without permission
Reverse engineer or decompile any part of the Services
Remove or modify any proprietary notices
Use the Services to send spam or unsolicited communications
Impersonate others or provide false information
Violate HIPAA regulations or mishandle PHI

5. Payment and Subscriptions

5.1 Subscription Plans

CareStack offers various subscription plans with different features and pricing. You select your plan during registration and may upgrade or downgrade at any time.

5.2 Billing

Subscription fees are billed monthly or annually in advance
Fees are non-refundable except as required by law
You authorize us to charge your payment method on file
You are responsible for keeping payment information current
Failure to pay may result in service suspension or termination

5.3 Marketplace Transaction Fees

Use of the ShiftLink marketplace may incur transaction fees for filled shifts, as described in our pricing page. These fees are charged separately from subscription fees.

5.4 Price Changes

We may change our prices at any time. We will provide at least 30 days' notice of price increases, and increases will take effect at your next billing cycle.

6. Data Ownership and License

6.1 Your Data

You retain ownership of all data you upload to or create through the Services ("Customer Data"). We do not claim ownership of your Customer Data.

6.2 License to CareStack

You grant us a limited license to use, store, process, and display your Customer Data solely to provide the Services and improve our platform (in anonymized, aggregated form).

6.3 Data Backup and Security

We implement reasonable measures to protect your data, including backups, encryption, and access controls. However, you are responsible for maintaining your own backups of critical data.

7. HIPAA and Healthcare Compliance

7.1 Business Associate Agreement

If you are a Covered Entity under HIPAA, we will enter into a Business Associate Agreement (BAA) with you. The BAA is incorporated into these Terms by reference.

7.2 Your HIPAA Obligations

You are responsible for ensuring your use of the Services complies with HIPAA and other applicable healthcare regulations. You must:

Obtain necessary authorizations before entering PHI into the platform
Configure role-based access controls appropriately
Train your staff on HIPAA compliance
Report any suspected breaches to us immediately

7.3 EVV Compliance

Our platform includes Electronic Visit Verification (EVV) features to help you comply with the 21st Century Cures Act. However, you are responsible for ensuring your use of EVV meets all state and federal requirements.

8. Intellectual Property

8.1 CareStack IP

The Services, including all software, designs, text, graphics, logos, and other content, are owned by CareStack and protected by intellectual property laws. You may not copy, modify, or create derivative works without our permission.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, we may use them without compensation or obligation to you.

9. Third-Party Services

Our Services may integrate with third-party services (payment processors, background check providers, EVV aggregators). Your use of third-party services is subject to their terms and privacy policies. We are not responsible for third-party services.

10. Disclaimers and Warranties

10.1 Service "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantee

We do not guarantee that the Services will be uninterrupted, error-free, or secure. We may modify or discontinue features at any time.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARESTACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless CareStack from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

Your use of the Services
Your violation of these Terms
Your violation of any laws or third-party rights
Your Customer Data

13. Termination

13.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately if:

You violate these Terms
Your payment fails or account is delinquent
Your use poses a security or legal risk
We are required by law to terminate

13.3 Effect of Termination

Upon termination, your access to the Services will cease. You may request an export of your Customer Data within 30 days of termination. After 30 days, we may delete your Customer Data.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

14.3 Class Action Waiver

You agree that disputes must be brought on an individual basis and not as part of a class action or representative proceeding.

15. General Provisions

15.1 Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or through the platform. Continued use after changes constitutes acceptance.

15.2 Entire Agreement

These Terms, along with our Privacy Policy and any BAA, constitute the entire agreement between you and CareStack regarding the Services.

15.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

15.4 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

15.5 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms at any time.

16. Contact Us

If you have questions about these Terms, contact us:

CareStack Legal Team

Email: agencycarestack@gmail.com